Darren R. Klein

Attorney Darren Klein provides municipalities and school districts with legal representation, counseling and assistance in all facets of employment and labor law, school law, collective bargaining, personnel matters, human resources, and general municipal law. Attorney Klein is currently Chair of the Firm’s Labor and Employment Law and School Law Practice Groups. He represents clients before state and federal courts, labor arbitrators, retirement boards and numerous administrative agencies on such issues as employment discrimination, wrongful termination, organizing petitions, unfair labor practices, employee discipline, and contractual grievances. Attorney Klein also assists clients at many different stages of negotiating collective bargaining agreements and individual employment contracts, including serving as the lead negotiator for employers in a wide range of union negotiations. He also advises clients on managing and maintaining cost-effective health insurance and employee benefits. Attorney Klein provides clients with proactive counseling, including drafting and implementing policies that strive for maintaining a diverse, non-discriminatory and efficient workplace that encourages and allows for optimal job performance and production. Attorney Klein provides counseling that reduces clients’ risks, is fiscally responsible, and lowers overall employment costs.

Attorney Klein serves as primary contact for several towns, assisting them in a full array of general municipal issues, including town meeting, municipal charters and by-laws, conflict of interest, public records, the Open Meeting Law, and municipal finance.

Advise and negotiate non-union employment contracts on behalf of employer with school and municipal officials and managers.

Provides counseling, formal training and seminars to clients on areas such as general and sexual harassment, hostile work environment, reasonable and public accommodation, disciplinary due process, new school regulations and required policies, anti-bullying, teacher and school administrator performance evaluations, conflicts of interest, and employment discrimination.

Represent municipal and school employers before numerous administrative agencies and retirement boards, such as the MCAD and the Civil Service Commission, on matters involving such subjects as employee discipline, employment discrimination, and health insurance benefits.

Counsels clients on maintaining compliance with numerous federal and state labor and anti-discrimination laws and regulations.

Advise clients on student record issues and various school law issues that arise under G.L. c. 70, 71, 72, 74 and 76.

Provides counseling, formal training and seminars to clients on areas such as general and sexual harassment, hostile work environment, reasonable and public accommodation, disciplinary due process, new school regulations and required policies, anti-bullying, teacher and school administrator performance evaluations, conflicts of interest, and employment discrimination.

Select Reported Decisions

Employment/Handicap Discrimination:City of New Bedford v. MCAD, 440 Mass. 450 (2003). SJC reversed MCAD’s decision to affirm arbitration award in favor of police officer, who claimed that decision to remove him from City’s SWAT teams was based upon unlawful handicap discrimination. In case of first impression, SJC adopted federal courts’ definition of “handicap” in ADA cases for purposes of claims under G.L. c.151B.

Employment/Handicap Discrimination: Brienzo v. Town of Acushnet, 60 Mass.App.Ct. 917 (2004). After plaintiff’s claims for alleged handicap discrimination were dismissed by the MCAD for lack of probable cause, the Appeals Court held that plaintiff was not entitled to review by the Superior Court in the nature of certiorari.

School Law/Civil Service/CORI Checks: McCarthy v. Town of Burlington/Burlington School Committee, 60 Mass.App.Ct. 914 (2004).After Civil Service Commission held that employer improperly considered criminal offender record information (CORI) to bypass a provisional employee who was seeking an appointment to become a permanent school building custodian, the Appeals Court overturned the decision of the Civil Service Commission and held that the town and its school committee could consider the custodian’s criminal offender record information.

Chaired bipartisan committee for the Massachusetts Bar Association that drafted resolution on affirmative action and served on committee which revised Massachusetts Commission Against Discrimination handicap regulations